HomeMy WebLinkAbout0262 Area Cable Commission 1986CITY OF CHUBBUCK, IDAHO
ORDINANCE NO..~&~
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING
FORMER CABLE TV ORDINANCES NUMBERS 76, 84 AND 158 AND
REENACTING A NEW CABLE TV ORDINANCE; GRANTING A
NONEXCLUSIVE FRANCHISE FOR THE OPERATION (DF A CABLE
COMMUNICATION SYSTEM TO GROUP W CABLE, INC; ADOPTING
DEFINITIONS; ESTABLISHING A CHUBBUCK AREA CABLE
COMMISSION AND ITS AUIHORITY; AUTHORIZING THE CITY
COUNCIL TO JOINTLY ESTABLISH AN AREA CABLE COMMISSION TO
SUPPLANT THE CHUBBUCK AREA CABLE COMMISSION; PROVIDING
FOR CHANNEL CAPACITY, BASIC SERVICE AND SERVICE TO
INSTITUTIONS; PROVIDING THAT THE CITY OF CHUBBUCK
RESERVES RATE REGULATION AUTHORITY; ESTABLISHING AREAS
OF RATE REGULATION AND PROCEDURE; PROVIDING FOR THE
PROHIBITION OF DISCRIMINATORY OR PREFERENCIAL PRACTICES;
ESTABLISHING PROCEDURES FOR DISCONNECTION FOR FAILURE TO
PAY; AUTHORIZING ADVERTISING PROMOTION; PROVIDING FOR
EXTENSION OF SERVICE; SERVICE AVAILABILITY; SERVICE TO
INDIVIDUAL SUBSCRIBERS FROM EXISTING SYSTEMS; PROVIDING
FOR ADDITIONAL EXTENSIONS OF SERVICE, UNDERGROUND
EXTENSION OF SYSTEMS, AERIAL EXTENSION OF SYSTEMS, AND
EXTENSION OF SERVICE BY AGREEMENT; PROVIDING FOR
COMPLIANCE WITH CONSTRUCTION AND TECHNICAL STANDARDS;
PROVIDING FOR PERFORMANCE EVALUATION SESSIONS INCLUDING
FREQUENCY, TOPICS AND NOTICE; PROVIDING FOR USE OF
PUBLIC WAYS RELATING TO STREET OPENING OR OBSTRUCTIONS,
UNDERGROUNDING AND POLICE USE, RESTORATION AND REPAIR OF
STREETS, GRANTOR'S USE OF STREET, TREE TRIMMING,
GRANTORS USE OF POLES, EQUIPMENT MAINTENANCE, TEMPORARY
REMOVAL OF FACILITIES, MAPS AND RECORDS, EMERGENCY
REMOVAL OF FACILITIES, AND ALTERNATE ROUTING OF
FACILITIES; PROVIDING FOR PAYMENT TO GRANTOR IN THE FORM
OF FRANCHISE FEES TOTALING 3% OF GRANTEE'S GROSS ANNUAL
REVENUES, PAYMENT SCHEDULE, LATE PENALTY, VERIFICATION
OF AMOUNT DUE, PAYMENT TO GRANTOR OF FEE FOR SUPPORT OF
ACCESS CHANNELS, AND THAT COMPENSATION NOT TO BE
REGARDED AS A CREDIT AGAINST CERTAIN TAXES AND FEES;
PROVIDING FOR PUBLIC LIABILITY INSURANCE, REIMBURSEMENT
OF COSTS, NOTICE OF CANCELLATION OR REDUCTION IN
COVERAGE, EVIDENCE OF INSURANCE TO BE FILED WITH
GRANTOR, NO WAIVER OF LETTER OF CREDIT, AND GRANTEES
RIGHT TO DEFEND; PROVIDING FOR RESPONSIBILITIES TO
PUBLIC RELATING TO REPAIR, REMOVAL OF FACILITIES UPON
REQUEST, COMPLAINT PROCEDURES AND INQUIRIES, MAINTENANCE
OF SERVICE, MONITORING CABLE TAPPING PREVENTION,
PROHIBITING SALE OF SUBSCRIBER LIST, GRANTEE RULES AND
REGULATIONS, EQUAL EMPLOYMENT COMPLIANCE AND PROHIBITING
CENSORSHIP; SALES, SERVICE OR REPAIR OF TELEVISION
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RECEIVER PROHIBITED; PROVIDING FOR REPORTS AND RECORDS
ANNUALLY, COPIES, COST AND DOCUMENTATION OF REPORTS;
PROVIDING FOR SOLICITATION BY GRANTEE; PROVIDING FOR
TIME OF DURATION AND RENEWAL OF FRANCHISE, AND
ADDITIONAL PROPOSALS; PROVIDING FOR FORFEITURE AND
TERMINATION OF FRANCHISE; PROVIDING FOR CHANGE OF
OWNERSHIP RELATING TO TRANSFERS AND ASSIGNMENTS,
MANDATORY CONTINUITY OF SERVICE, FORECLOSURE,
RECEIVERSHIP, DISPOSITION OF FACILITIES; PROVIDING FOR
PAYMENT OF LITIGATION COST; PROVIDING FOR PENALTIES FOR
VIOLATION OF GRANTEE'S OBLIGATIONS; PROVIDING FOR NEW
DEVELOPMENTS AND FOR SEVERABILITY; REPEALING PRIOR
CONFLICTING ORDINANCES; AND PROVIDING WHEN THIS
ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1: Purpose. A non-exclusive franchise, effective
January 1, 1985, is hereby granted to Group W Cable, Inc.,
hereinafter referred to as "Grantee", to install, construct,
maintain, reconstruct, and expand a cable communications system
within the public streets, ways, alleys, public utility easements,
and places of the City of Chubbuck, Idaho, hereinafter referred to
as "Grantor". This franchise shall constitute both a right and an
obligation to provide the service of a cable communications system
as required by the provisions of this ordinance.
SECTION 2: Short Title. This ordinance shall be known as
the "Group W Cable TV Non-Exclusive Franchise Ordinance".
SECTION 3: Definitions. For the purpose of this ordinance
the following terms have the meaning given herein:
A. "Basic Service" means those services and channels
required to be delivered by Grantee pursuant to the rules and
regulations of the Federal Communications Commission.
B. "Cable Communications System" or "system" means a
system of antennas, cable amplifiers, towers, microwave lines,
waveguides, laser beams, satellites, earth stations, or any other
conducters, converters, equipment, or facilities, designed and
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constructed for the purpose of producing, receiving, amplifying,
storing, processing or distributing audio, video, digital, or
other forms of electronic or electrical signals.
C. "Commission" means that Chubbuck area Cable
commission established by the Chubbuck City Council or such other
area cable commission as may be established jointly by the City
Council's of the municipalities or political subdivisions serviced
by Grantee.
D. "Community Access Channel" means any channel or
portion of a channel utilized for programming on a non-profit
basis under rules established by the Commission for use of such
channels.
E. "Converter" means an electronic device, which
converts signals to a frequency not susceptible to interference
within the television receiver of a subscriber, and increases the
number of channels the subscriber may select.
F. "Education Access Channel" means any channel or
portion of a channel on which educational institutions are the
only designated programmers.
G. "FCC" means the Federal Communications Commission.
H. "Franchise Territory" means the area within the
legal boundaries of the Grantor and ncluding any areas annexed
during the term of the franchise.
I. "Government Access Channel" means any channel or
portion of a channel on which government agencies are the only
designated programmers.
J. "Gross Annual Revenues" means any and all
compensation in whatever form, grant, subsidy, exchange, or
otherwise, directly or indirectly received by Grantee from the
provision of cable television services within the franchised area.
K. "Leased Access Channel" means any channel or portion
of a channel available for use for a fee or charge by persons or
entities other than the grantee.
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L. "Monitoring" means observing a one-way
communications signal, or the absence of a signal, where the
observor is neither the subscriber nor the programmer, where the
signal is observed by visual or electronic means for any purpose
whatever.
M. "Pay television" means the delivery oer the CATV
system of video and audio signals in inteligible form which are
offered individually to subscribers for a fee or charge over and
above the charge for basic service, on a per program, per channel,
per tier or other subscription basis.
N. "Standard installation charge" means the cost to the
subscriber for connection to the cable communication system in the
amount specified in the current rate schedule.
O. "Streets" means the surface of and the space above
and below any public street, sidewalk, alley, easement, or other
dedicated public way of any type whatsoever, now or hereafter
existing as such within the jurisdiction of the Grantor.
P. "Subscriber" means any person, firm, corporation, or
other entity lawfully and for consideration receiving electronic
signals by means of the Grantee's cable communications system.
Q. "Tapping" means observing a two-way communication
signal exchange, where the observer is neither of the
communicating parties, whether the exchange is observed by visual
or electronic means, for any purpose whatsoever.
SECTION 4: Commission Authority. The Grantor will appoint a
Chubbuck Area Cable Commission, or may jointly establishby
resolution, an area cable commission with one or more of the other
municipalities or political subdivisions serviced by the Grantee.
Such Chubbuck Area Cable Commission or jointly-established area
cable commission shall hereinafter be referred to as the
"commission". The commission will perform the following
functions:
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(a) Make recommendations to the City Council(s) on the
operation and promotion of access channels.
(b) Prepare a recommended budget for presentation to
the City Council(s) to carry out such operation and promotion
of access channels.
(c) Assist City Council(s) in each of the three-year
performance evaluation review phases of this non-exclusive
franchise.
(d) Review complaints between the City, Grantee and
affected subscribers. In the event a complaint cannot be
resolved by the commission to the satisfaction of the
parties, the commission will make recommendations to the City
Council(s) for resolution of the complaint.
SECTION 5: Services Provided.
A. Basic Service. Basic service shall include all the
signals and services required to be carried by the FCC.
B. Service to Institutions. Upon request and
consistent with FCC regulations, the Grantee shall make single
standard aerial installations of its cable communication system
facilities to each fire and police station, public school, City
Hall, County Courthouse and all public libraries within the
franchise territory on the terms provided in Section 7B of this
Ordinance except that no standard installation fee shall be
imposed for such installations. No monthly service charge shall
be made for distribution of the basic service to these locations.
SECTION 6: Rates.
A. Basic Rates. Initial basic rates shall be no higher
than those charged by the Grantor in its Pocatello, Idaho cable
television system. If Grantee maintains the same or a lower level
of basic rates than those in its Pocatello system, Grantor agrees
not to regulate such basic rates. If Grantee wishes to charge
basic rates which exceed those in its Pocatello system, Grantor
reserves the right to regulate such basic rates.
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B. Areas of Rate Regulation. Should Grantor decide to
exercise its reserved right of bsic rate regulation as provided in
A, above, it may establish and fix maximum allowable rates for
basic services which shall include the following:
(1) rates for the provision of basic service which
includes basic converter to subscribers;
(2) rates for the installation and connection of basic
services.
C. Rate Schedule. Grantee shall keep on file with the
city clerk a current schedule of all subscriber rates and charges.
D. Advance Char~es. Grantee may require subscribers to
pay for each month of basic service in advance at the beginning of
each month.
E. Prohibition of Discriminatory or Preferential
Practices. The Grantee shall not, in its rates or charges, or in
making available the services or facilities of its system, or in
its rules or regulations, or in any other respect, make or grant
discriminatory preference or advantages to any subscriber or
potential subscriber to the system, or to any user or potential
user of the system; and shall not subject any such persons to any
prejudice or disadvantage; provided nothing herein shall prevent
Grantee from establishing different rates for uniform classes of
subscribers or reducing rates as permitted by Section 6(G) herein.
F. Disconnections for Failure to Pay. There shall be
no charge for disconnection from the system. If a subscriber has
failed to pay a properly due monthly subscriber fee within fifteen
(15) days after the due date of the fee, Grantee may cause
disconnection of the subscriber's cable installation after ten
(10) day prior written notice; hwoever, upon payment in full of
the delinquent monthly subscriber fee, and the reconnection
charge, the Grantee shall promptly reinstate the subscriber's
service.
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G. Promotions. The Grantee shall have the right to
conduct promotional campaigns to the general public without
discimination within a class of subscribers which permit
subscriptions, connections and installation to the system at a
lesser rate than those approved by the Grantor.
SECTION 7: Extension of Service.
A. Service Availability and Request Record. The
Grantee shall provide cable communications service throughout the
franchise territory pursuant to the provisions of this section and
shall keep a record for at least three years of all requests for
service received by the Grantee. This record shall be available
for inspection by the Grantor or its designee at the local office
of the Grantee during regular office hours.
B. Service to Individual Subscribers from Existinq
System. Where a subscriber can be served from the Grantee's
existing system, without extension of trunk or distribution cable,
the Grantee shall serve the potential subscriber upon request on
the following terms and conditions:
(1) The dwelling unit shall be connected to cable at
the standard installation charge if the connection can be made
with an aerial drop and does not exceed 150 feet.
(2) If the aerial connection drop exceeds 150 feet, the
potential subscriber may be charged the actual cost for the
distance exceeding 150 feet plus standard installation charge, and
Grantee may request advance payment for such installation.
(3) If the requested installation is to be placed
underground, the potential subscriber must pay for furnishing open
trench, as specified by the Grantee, backfilling and restoring to
original conditions and Grantee may request advance payment for
such work.
(4) The potential subscriber shall arrange for all
necessary easements over or under private property.
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C. Service To Individual Subscribers Other Than From
Existing System. Grantee shall offer service to subscribers in
the areas not served by the Grantee's existing system as set forth
in sub-paragraphs D, E and F herein.
D. Non-Mandatory Extensions of the System. In areas
not meeting the requirements for mandatory service as provided in
sub-paragraphs E(3) and F below, Grantee shall provide, upon
request of five or more potential subsdcribers desiring service,
an estimate of costs required to extend service to said
subscribers. Grantee shall extend service to any such dwelling
units upon advance payment (or assurance of payment satisfactory
to the Grantee) of the cost of the particular extension. Such
payment shall be nonrefundable, and in the event the area
subsequently reaches the density required for mandatory extension,
such payments shall be treated in full or in part as consideration
for early extension of service.
E. Underground Extension of System.
(1) Installation of System. In cases of new
construction or property development where utilities are to be
placed underground, the developer or property owner shall give
Grantee reasonable notice of such construction or development,
including a copy of any final plat, and of the particular date on
which open trenching will be available for Grantee's installation
of conduit, pedestals and/or vaults, and laterals to be provided
at Grantee's expense. Grantee shall also provide specifications
as needed for trenching. Upon notice to the Grantee by the
Grantor, the Grantee will participate with other utilities,
developers, and public bodies in the review of all subdivision
plats and developments which are subject to site plan review.
(2) Costs of Trenching. Costs of trenching and
easements required to bring service to the development shall be
borne by the developer or property owner; except that if Grantee
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fails to install its conduit, pedestals and/or vaults, and
laterals within two (2) working days of the date the trenches are
available, as designated in the notice given by the developer or
property owner, then should the trenches be closed after the
two-day period, the cost of new trenching is to be borne by
Grantee.
(3) Activation of Service. Grantee shall promptly
provide service upon request at the standard installation rate
where the potential subscriber can be served by extension of
distribution cable past dwelling units issued occupancy
certificates by Grantor equivalent to a density of ten (10)
dwelling units per quarter mile of cable contiguous to the
already-activated system. Such density shall be computed on the
basis of dwelling units which can be served on either side of the
cable.
F. Aerial Extension of System. In any area where
utility lines are permitted above ground, Grantee shall extend its
system and provide service upon request pursuant to Section 7(B)
herein, where the potential subscriber can be served by extension
of distribution cable past dwelling units issued certificates of
occupancy by Grantor equivalent to a density of ten (10) dwelling
units per quarter mile of cable contiguous to the activated
system. Such density shall be computed on the basis of dwelling
units which can be served on either side of the cable.
G. Extension of Service by A~reement. Nothing herein
shall be construed to prevent Grantee from serving areas not
covered under this section upon agreement with developers,
property owners, or residents. Any such agreement shall be in
writing and filed with the Grantor.
SECTION 8: Compliance With Construction And Technical
Standards. Grantee shall construct, install, operate and maintain
its system in a manner consistent with applicable local
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construction standards and governmental requirements and the
technical standards attached hereto as Exhibit "A". The Grantee
shall provide the Grantor with a written report of the results of
Grantee's annual proof of performance tests conducted pursuant to
FCC standards and requirements. The Grantor may choose at any
time to review system performance with regard to evaluating the
adequacy of the system's technical and performance standards.
Such review will take into account the "Complaint Procedures and
Inquiries" records maintained as prescribed in Section 13(C), as
well as the results of any complaint proceedings and resultant
tests conducted in accordance with procedures described in Section
13(D) of this ordinance. If such a review indicates a reasonable
need, the Grantor may develop and enforce technical and
performance standards of its own in addition to those listed above
in this section.
SECTION 9: Performance Evaluation Sessions.
A. The Grantor and the Grantee shall hold schedules
performance evaluation sessions within thirty (30) days of the
third, sixth, ninth, and twelfth anniversary dates of the
Company's award of the franchise. All such evaluation sessions
shall be open to the public.
B. All evaluation sessions shall be open to the public.
Grantee shall notify its subscribers of all evaluation sessions by
announcement on at least one (1) channel of its system between the
hours of 7:00 p.m. and 9:00 p.m., for five (5) consecutive days
preceding each session and by one (1) public notice in official
newspaper of city not later than seven (7) days prior to
evaluation session.
C. Topics which may be discussed at any scheduled
evaluation session may include, but not be limited to, utilization
of existing unused channel capacity, grantee's complaince with the
requirements of its service proposal, line extension construction,
and utilization of access channels.
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D. During a review and evaluation by Grantor, Grantee
shall fully cooperate with Grantor and shall provide such
information and documents as grantor may need to reasonably
perform the review. Grantee's financial records will be kept
confidential, to the extent allowed by ordinances of the City of
Chubbuck and the laws of the State of Idaho.
E. At the conclusion of any evaluation session, Grantee
and Grantor may implement any agreed upon action and grantor and
grantee may also pursue all other right provided for herein or
which each otherwise may possess.
F. The City Council shall have the authority to order a
public hearing at any performance evaluation session concerning
provision of the additional channel capacity by grantee. If after
such a hearing, the City Council determines (1) that there exists
a reasonable demand for additional channels, (2) that provision
has been made or will be made for adequate rates which allow
grantee a fair return on the investment required to provide the
additional channels, and (3) that providing additional channels
will not result in economic waste for the Grantee, the City
Council can order Grantee to provide the additional channel.
SECTION 10: Use of Public Ways.
A. Street Openings or Obstructions. Any use of the
public rights-of-way or easements, including without limitation,
any opening or obstruction in or disturbance of the streets, made
by the Grantee in the exercise of its rights under this franchise
agreement shall be done in compliance with the standard
specifications of the Grantor and all other applicable federal,
state, and local laws, ordinances, traffic manual and regulations.
No hard surface pavement shall be cut or street broken by the
Grantee without first obtaining a permit from the Grantor, which
requires a plan submittal and approval before installation begins.
Permits will be issued by the Grantor only to contractors bonded
in compliance with Ordinance No. 127 of the City of Chubbuck,
Idaho.
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B. New or Extended Use of the Public Way. Any new use
or substantial change in an existing use of the public
rights-of-way or easements shall be approved by and done under the
direction of the Grantor or its authorized representative. Such
approval shall not be unreasonably withheld, and is required by
Grantor to ensure that such new or substantial extended use will
not interfere unreasonably with Grantor's use of the public
rights-of-way or easements. Approval, as required by this
Subsection 10(B), shall be obtained before any new or substantial
extended use is implemented. Written application for a new or
substantial extended use shall be made to Grantor through the
Director of Public Works and shall include sufficient technical
information as necessary for Grantor's review. Said technical
information shall include, but not be limited to, scaled
engineering drawings of the proposes construction or use. Within
fifteen (15) days of receipt of application from Grantee, the
Grantor, or its authorized representative shall approve, approve
with conditions or disapprove the application. Grantor shall be
deemed to have approved the application if Grantor fails to
approve conditionally or disapprove the application within said
fifteen (15) day period. In the event Grantor disapproves the
application, the notice of disapproval shall contain the reasons
for disapproval and shall advise the Grantee as to what changes in
the application would be necessary to obtain approval.
C. Under~roundin~ and Pole Use. The cable
communications system cables, wires and associated equipment or
faciities shall be placed underground in areas of the franchise
territory where telephone and electric utility lines are
underground. At no time shall the cable system be the only aerial
facility. Undergrounding of Grantee's equipment and facilities
shall be done in compliance with code provisions of the Grantor,
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and in cooperation with the telephone company and electric utility
operating in the area. In all matters relating to~nde~grounding,
Grantor shall not discriminate against Grantee with respect to any
requirements imposed or benefits conferred upon telephone or
electric utilities, except as such benefits to telephone or
electric utilities are required by state law and the same benefits
to Grantee are not required by state law. Arrangements shall be
made by the Grantee with the telephone company or electric utility
for the use of existing poles in areas where the utilities are
above ground, and no poles shall be erected by the Grantee without
~prior approval of the Grantor. Before placing equipment or
facilities underground or above ground, it shall be the
responsibility of Grantee to determine whether necessary easements
exist and except as otherwise provided in this ordinance, to
secure easements, if needed, and to show said easements on each
'plan submitted for proposed construction.
D. Restoration and Repair of Streets. Whenever the
Grantee disturbs any of the streets, it shall restore them as soon
as practicable, to good order and condition, as they were at the
time of the disturbance,using the kind and quality of material as
specified by the Director of Public Works, and making the repair
or restoration under the direction, and inspection, and the
satisfaction of, the Grantor. The Grantor shall have the right to
fix a reasonable time within which such restoration and repair of
streets shall be completed, and upon failure of Grantee to make
the restoration and repair within the alloted time, the Grantor
may cause such restoration and repair to be made at the expense of
Grantee.
E. Grantor's Use of Streets. Nothing in this franchise
shall be construed in any way to prevent the proper authorities of
the Grantor from sewering, grading, planking, rocking, paving,
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repairing, altering, or improving any of the streets, alleys,
easements, avenues, thoroughfares, and public ways within the
franchise territory in or upon which the poles, wires or other
equipment of said Grantee shall be placed, if possible, so as not
to obstruct or prevent the free use of said poles, wires,
conduits, or other equipment.
F. Tree Trimming. Where tree trimming is necessary on
public streets for the operation of the lines, wires, cables and
antennas of other appurtenances of the Grantee, the trimmings
shall be done by competent employees, agents or contractors of the
Grantee after application for and granting of a written permit by
the Grantor, and it shall be done without cost or expense to the
Grantor.
G. Grantor's Use of Poles. Grantor reserves to itself
the right at any time to use the poles and other installations of
Grantee erected or installed under the authority granted in this
ordinance for any Grantor-owned facilities of whatsoever nature,
but it is agreed that such use shall not interfere or compete with
Grantee's use thereof. Grantor shall hold Grantee harmless from
any and all liability which may rise as a result of its use of
Grantee's poles or other installation.
H. Equipment Maintenance. Grantee shall at all times
keep and maintain all of its poles, fixtures, conduits, wires, and
its entire system in a good state of repair and shall indemnify
and save harmless the Grantor of and from any and all damages of
any kind or character growing out of or arising by reason of
Grantee's failure to so maintain the cable communications system
in the franchise territory.
I. Temporary Removal of Facilities.
(1) Grantee shall at its expense, protect, support,
temporarily disconnect or relocate any of its equipment when
required to do so by Grantor by reason of traffic condition,
public safety, street vacation, freeway and street construction,
change or establishment of street grade, installation of sewers,
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drains, water pipes, power lines, signal lines and tracks, or any
other type of structures or improvements by the Gantor or such
duly established utility boards having jurisdiction in the
affected areas.
(2) Grantee shall, within seven (7) days written
request of any person holding an appropriate permit issued by the
Grantor, temporarily raise or lower its lines or other equipment
to permit the moving of any building or other structure,
machinery, or object, and the actual expense of the same shall be
paid by the person making the request. The person making the
request will indemnify and save harmless said Grantee of any and
all damages or claims of whatsoever kind or nature caused directly
or indirectly from such temporary re-arrangement of the equiment
of the grantee, and if required by Grantee, shall provide a cash
deposit or a good and sufficient bond to pay and and all such
costs as estimated by Grantee.
(3) All installations, re-arrangements, removals,
lowering or raising of aerial cables or wiring or other apparatus
shall be done in conformance with the requirements of the National
Electrical Code, and the laws of the State of Idaho and the
ordinances of the Grantor.
J. Maps and Records. The Grantee shall file with the
Grantor a system "as built" map drawn to accurate scale, and shall
amend the map annually or as often as necessary to keep the
Grantor informed as to the location of all facilities installed in
the franchise territory. The map shall clearly indicate location
of trunks, distribution of lines, and amplifiers within the public
rights of way. Location of subscriber service drops in a
specified area shall be provided promptly by Grantee upon
Grantor's request in connection with activities set forth in
Sub-sections 10(E) and (I).
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K. Emergency Removal of Facilities. If at any time, in
case of fire or disaster in the franchise territory, it shall
become necessary in the reasonable judgment of the Grantor to cut
or move any of the wires, cables, amplifiers, or other
appurtenances to the system of the Grantee, such cutting or moving
may be done and any repairs rendered necessary thereby shall be
made by the Grantee, at its sole expense, provided that such
repairs are not necessitated by a negligent act of Grantor, in
which case costs for repairs shall be borne by the Grantor.
L. Alternate Routin~ of Facilities. In the event
continued use of a street is denied to the Grantee by the Grantor
for any reason, the Grantee shall provide service to affected
subscribers over such alternate routes as shall be determined by
Grantee within a reasonable period of time.
SECTION 11: Payment to Grantor.
A. Franchise Fee. As compensation for the
non-exclusive franchise granted herein and in consideration of
permission to use the streets and public ways of the Grantor in
the franchise territory for the construction, operation,
maintenance, and reconstruction, of a cable communications system
within the franchise territory, the Grantee shall pay to the
Grantor an annual amount equal to three percent (3%) of the
Grantee's gross annual revenues received from operations with the
city limits of Chubbuck.
B. Payment Schedule. Effective January 1, 1985,
following the granting, passage, and publication according to law
of this non-exclusive franchise ordinance, payment due Grantor
under this provision will be made on a monthly basis, and will be
an estimated monthly payment which shall be an amount equal to
one-twelfth (1/12) of estimated gross annual revenue. Billing
adjustments for each calendar year will be made on an annual basis
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with all adjustments contained in the first monthly payment of
each succeeding year throughout the life of this franchise
agreement.
Co Late Penalty. The Grantee shall furnish to the
Grantor with each payment of compensation required by this
section, a written statement under oath, executed by an authorized
agent of the Grantee showing the amount of gross annual revenues
of the Grantee within the franchise territory for the period
covered by the payment computed on the basis of the gross annual
revenues so reported. If the Grantee fails to pay the entire
amount of compensation due the Grantor, through error or
otherwise, within the times alloted for payment in subparagraph B
above, the amount of the fee due and not timely paid shall be
subject to a late penalty of one percent (1%) per month on the
amount of fee due and unpaid from the date due until it is paid.
D. Verification of Amount Due. No acceptance of any
payment shall be construed as an accord that the amount paid is in
fact the correct amount, nor shall such acceptance of payment be
construed as a release of any claim the Grantor may have for
further or additional sums payable under the provisions of this
franchise. All amounts paid shall be subject to audit and
re-computation by the Grantor and all records required to conduct
such an audit shall be made available to Gantor at the expense of
the Grantee. Grantee's financial records will be kept
confidential, to the extent allowed by ordinance of the City of
Chubbuck and the laws of the State of Idaho.
E. Fee for Support of Access Channels. In addition to
any other fees provided for in this franchise, Grantee shall pay
to the City, within thirty days following the end of each calendar
year, an annual amount equal to Two Dollars ($2.00) for each
subscriber receiving cable television service from Grantee during
any part of the preceding calendar year; provided, however, that
Ordinance - Page 17
jm CH#5-34
due to limitations imposed by the Cable Communications Policy Act
of 1984, the amount paid pursuant to this Paragraph E shall be
limited so that the total fees paid by Grantee pursuant to
Paragraphs ll(A) and (E) shall not exceed five percent (5%) of the
Grantee's gross annual revenues received from operations within
the city limits of Chubbuck. Said fee shall be dedicated and
distributed to the Chubbuck Area Cable Commission or such other
area cable commission as may be established jointly by the City
Councils serviced by Grantee and shall be used by such commission
solely for the operation of the community, educational, or
governmental access channels provided for under the terms of this
franchise.
F. Compensation Not A Credit Against Certain Taxes And
Fees. Nothing contained in this franchise shall give the Grantee
any credit against any non'discriminatory business tax, or ad
valorem property tax now or hereafter levied against real or
personal property within the City, or against any local
improvement assessment imposed on Grantee, or against any permit
fees or inspection fees required by the construction codes or
other ordinances of the Grantor which are or may hereafter be
adopted.
SECTION 12. Public Liability Insurance.
A. Public Liability Insurance. Grantee shall indemnify
and save the Grantor free and harmless from any and all liability,
loss, cost, damage or expenbse from accident or damage, either to
itself or to persons or property of others which may occur by
reason of the exercise of the rights and privileges herein
granted; and shall, for the purose of carrying out the provisions
of this section, and prior to commencing construction of any kind,
have in full force and effect, and file evidence thereof with the
Grantor, a good and sufficient policy (or policies) covering
$500,000.00 personal injury each person, $1,000.000.00 personal
injury each accident, and $100,000.00 property damage with the
Ordinance - Page 18
jm CH#5-34
policy (or policies) to be executed by an insurance company (or
companies) authorized and qualified to do business in the State of
idaho and conditioned to indemnify and save harmless the Grantor
from and against any and all claims, actions, suits, liability
loss, cost, expense or damage of any kind or description which may
accrue to or be suffered by the Grantor or by anyone by reason of
the erection, construction, reconstruction, relocation, replacing
readjustment, repair, maintenance or operation of the coaxial
cable and appurtenances thereto, or by reason of anything that has
been done or may be done by the Grantee hereunder which may in any
way cause liability by reason thereof.
B. Reimbursement of Costs. The Grantee shall pay all
expenses incurred by the Grantor in defending itself with regard
to all damages and penalties mentioned in Section A, above. These
expenses shall include all out-of-pocket expenses, such as
consultants or attorney fees.
C. Notice of Cancellation or Reduction in Coverage.
The insurance policies mentioned above shall contain an
endorsement stating that the policies are extended to cover the
liability assumed by the Grantee under the terms of this ordinance
and shall contain the following endorsement:
It is hereby understood and agreed that this policy may
not be canceled nor the amount of coverage thereof
reduced until thirty (30) days after receipt by the City
of Chubbuck by registered mail of a written notice of
such intent to cancel or reduce the coverage.
D. Evidence of Insurance Filed with Grantor . Ail
policies of insurance or certified copies therof and written
evidence of payment of required premiums, shall be filed and
maintained with the Grantor during the term of the franchise.
E. Grantee's Right to Defend. The Grantee shall have
the right to defend, settle or compromise any suit, action, claim
or proceedings arising under this section and Grantor shall
cooperate fully with Grantee therein.
Ordinance - Page 19
jm CH#5-34
SECTION 13. Responsibilites to Public.
A. Repair. Any damage caused to the property of
building owners or users or any other person, by the Grantee shall
be repaired fully and promptly by the Grantee.
B. Removal of Facilities Upon Request. Upon
termination of service to any subscriber, the Grantee shall remove
promptly all its above ground external facilities and equipment
from the premises of the subscriber at the owner's written
request.
C. Complaint Procedures and Inquiries.
(1) Grantee shall maintain an office in the City of
Chubbuck which shall be open during all the usual business hours
with its telephone listed in directories of the telephone company
serving the franchise territory, and be so operated that
complaints and requests for repairs or adjustments may be received
at any time, day or night, seven days a week. The phone number
and address of this office shall be furnished to each subscribed
by the Grantee.
(2) Original records including service records
pertaining to complaints received by the Grantee, and of the
office procedures followed to satisfy those complaints, shall be
maintained by the Grantee for a period of not less than three
years in Chubbuck and made available for inspection by the Council
on reasonable notice to the Grantee. This record shall be
considered by the City Council in evaluating the system.
D. Maintenance of Service.
(1) Grantee shall maintain a repair and troubleshooting
force capable of responding top system outages within 24 hours,
and to other complaints within two working days or a mutually
agreed upon date between subscriber and Grantee, after receipt of
the complaint, other than as may be due to circumstances beyond
the reasonable control of the Grantee. No charge shall be made to
the subscriber for maintenance service.
Ordinance - Page 20
jm CH#5-34
(2) Grantee shall put, keep, and maintain all parts of
the cable communication system in good condition throughout the
entire period of this permit.
(3) The Grantee shall render efficient service, make
repairs promptly and interrupt service only for good cause and for
the shortest time possible. Such interruptions, insofar as ~
possible, shall be preceded by notice and shall occur during
periods of minimum use of the system.
(4) In the event that a subscriber complaint is not
resolved to the mutual satisfaction of the subscriber and the
Grantee, either the subscriber or the Grantee may request that the
matter be presented to the City Council for review and possible
resolution of the complaint.
(5) When there have been similar complaints made or
where there exists other evidence, which in the judgment of the
City Council casts doubt on the reliability or quality of cable
service, the City Council shall have the right and authority to
compel the Grantee to test, analyze, and report on the performance
of the system. Such test or tests shall be made, and the reports
of such test or tests shall be delivered to the City Council
within fourteen (14) days after the same have been requested by
the City Council. Such report(s) shall include the following
information: The nature of the complaint(s) which precipitated
the special tests; the system component(s) tested and the
equipment used and procedures employed in said testing; the
results of such tests; and the method(s) in which such complaints
were resolved. Any other information pertinent to the special
test(s) shall be recorded and reported.
At the City Council's option, said tests and analyses shall
be supervised at the Grantee's expense by a professional engineer
not on the permanent staff of the Grantee. The aforesaid engineer
shall sign all records of special tests and forward the same to
Ordinance - Page 21
jm CH#5-34
the City Council within the time prescribed, with a report
interpreting the results of the tests and recommending actions to
be taken by the City Council and/or Grantee.
The City Council's right under this provision shall be
limited to requiring tests, analyses, and reports covering
specific subjects and characteristics based on complaints or other
evidence which afford reasonable ground to believe substandard
cable service is being provided.
(6) In addition to testing under 13D(5), the City
Council may at any time employ at its own expense a registered
qualified engineer to test, analyze, and report on the performance
of the system. Grantee agrees to make all of its testing
equipment available at no charge or cost to the engineer selected
by the City Council to perform these tests.
E. Monitoring and Cable Tapping Prevention. Grantee
shall not monitor or tap any subscriber terminals (unless such
procedures are necessary to insure the proper functioning of the
system) or unless prior written authorization from the subscribers
affected is first obtained.
F. Sale of Subscriber Lists Prohibited. The Grantee
shall not, without prior written authorization from the
subscribers affected, sell, or otherwise make available, lists of
the names or addresses of its subscribers, or any list which
identifies subscriber viewing habits by name or address, to any
person, agency, or entity, except as needed to maintain current
services or implement new services to subscribers in connection
with Grantee's service.
G. Grantee Rules, Regulations. The Grantee shall have
the authority, consistent with applicable laws and FCC rules and
regulations, to promulgate such rules, regulations, terms and
conditions governing the conduct of its business with subscribers
as shall be reasonable and necessary to enable the Grantee to
exercise its rights and perform its obligations under this
Ordinance - Page 22
jm CH#5-34
franchise. Two (2) copies of all rules, regulations, terms and
conditions including subscriber agreements promulgated under this
section, together with any amendments, additions or deletions
thereto, shall be kept current on file with the city clerk. An
additional copy thereof shall be maintained for public inspection
during normal business hours at Grantee's office in the City of
Chubbuck and no such rules, regulations, terms, conditions, or
amendments, additions or deletions thereto shall take effect
unless and until so filed.
H. Equal Employment Requirements. Grantee shall adhere
strictly to the equal employment opportunity requirements of the
Federal Communications Commission, as expressed in Section
76.13(a)a(8) and 76.311 of Chapter 1 of Title 47 of the Code of
Federal Regulations. Grantee shall comply at all times with all
other valid and applicable federal, state, city and county laws,
relating to non-discrimination.
I. Censorship Prohibited. Nothing in this ordinance
shall be understood or construed to give the Grantor or any agency
or office acting on its behalf the powers of censorship over cable
communications or signals transmitted over the cable
communications system, and no regulation or condition shall be
promulgated or fixed by the Grantor or any agency of office acting
on its behalf which shall interfere with the right of free speech
by means of cable communications.
J. Sale, Service, Repair of Television Receivers
Prohibited. Neither Grantee nor any major stockholder of Grantee
shall directly or indirectly engage within the City of Chubbuck in
the business of selling, leasing, renting, servicing or repairing
radio or television sets or other receivers or parts thereof which
make us of standard broadcast entertainment signals, provided that
nothing herein shall prevent a franchisee from making
modifications to the tuner input circuit of subscribers'
television receivers and the fine tuning of the subscribers'
Ordinance - Page 23
jm CH#5-34
operating controls only to ensure proper operation under
conditions of cable connection at the time of installation or in
response to subscriber complaints, or from the selling, servicing,
or repairing of receivers and other equipment belonging to other
CATV system operators for use in the conduct of their business.
SECTION 14: Reports and Records.
A. Annually, within one hundred fifty (150) days after
the close of the calendar year for which the financial records of
the grantee are maintained, grantee shall file with the commission
the following reports:
(1) Total number of subscribers at the end of the
calendar year.
(2)
(3)
(4)
the year.
Number of subscribers added during the year.
Number of subscribers lost during the year.
Number of miles of cable added to the system during
(5) Number of miles of cable equipment rebuilt or
replaced during the year.
(6) Summary of other additions to the system in terms
of increased channel capacity or technological improvements made
during the year.
(7) Outline of plans for expansion and improvement of
the system in the next calendar year, as deemed necessary by
Grantee.
(8) The financial status of the cable communications
system. Financial information shall include but not be limited to
the following reports: Balance sheets, income statement, Cash
Flow statement, statement of sources and applications of funds,
statements of current and projected subscribers and penetration in
the francise territory. This report shall be signed by an
authorized agent of the corporation and an accountant who
participated in its preparation or review.
Ordinance - Page 24
jm CH#5-34
(9) Ail the above-named reports and records shall be
presented in a manner which reflects the operation of the
Pocatello area cable system as a separate viewable entity within
the grantee's total corporate structure.
B. Copies of Reports. Copies of all petitions,
applications, and communications submitted by the Grantee to the
FCC or any other federal or state regulator, commission or agency
having jurisdiction in respect to any matters relating
specifically to operation of the cable communications system
authorized pursuant to this franchise shall also be submitted
within a reasonable amount of time to the Grantor.
C. Cost of Reports. The cost of preparing and
furnishing to the Grantor the records and reports required by this
section shall be borne by the Grantee.
D. Documentation. Documentation for the financial
report required by subparagraph A(8) above shall be made available
for inspection by Grantor without delay and at Grantee's expense.
SECTION 15: Solicitation by Grantee. Grantee may solicit
subscribers for any of Grantee's services through door-to-door
solicitation after obtaining all necessary licenses, permits or
other forms of approval from the Grantor. In addition, Grantee
shall provide public notice in the newspaper of general
circulation serving the Chubbuck area of its intent to solicit and
of the location of solicitation. This notice must be published
not earlier than fourteen (14) days prior to the solicitation in
any area listed in the notice. Grantee shall further maintain an
up-to-date list of solicitors on file with the commission and
local law enforcement agencies.
SECTION 16: Duration and Renewal.
A. Duration and Renewal. This franchise and the rights
and privileges granted herein shall take effect upon approval,
passage and publication according to law and remain in effect for
fifteen (15) years from that date unless terminated sooner under
Ordinance - Page 25
jm CH#5-34
provisions of Section (17) of this ordinance; provided, however,
that the terms of the franchise must be unconditionally accepted
by the Grantee in writing, signed by an officer of the corporation
within thirty (30) days after the date this ordinance is passed by
the Grantor. At the end of the initial fifteen (15) year term, at
the discretion of the Grantor, this franchise may be renewed for
an additinal ten (10) year term upon a showing by Grantee that it
is in substantial compliance with the terms and conditions of the
franchise and is rendering service commensurate with standards
generally adhered to in the cable television industry.
B. Additional. ~roposals. In the event that this
franchise is terminated, or the Grantor and the Grantee are unable
to reach an accord on the term of renewal or extension of this
franchise, the Grantor may elect to invite and accept proposals
from other prospective operators for the oepration of the entire
system as it exists on the date of termination or expiration.
SECTION 17: Forfeiture and Termination.
A. In addition to all other rights and powers retained
by the Grantor under this franchise or otherwise, the Grantor
reserves the right to forfeit and terminate the franchise and all
rights and privileges of the Grantee hereunder in the event of a
substantial breach of its terms and conditions. A substantial
breach by Grantee shall include, but shall not be limited to the
following:
(1) Violation of any material provisions of the
franchise or any material rule, order, regulation, or
determination of the City made pursuant to the franchise;
(2) Attempt to evade any material provision of the
franchise or to practice any fraud or deceit upon the City or its
subscribers or customers;
(3) Failure to restore service after ninety-six
(96) consecutive hours of interrupted service, except when
approval of such interruption is obtained from the City;
Ordinance - Page 26
jm CH#5-34
(4) Material misrepresentation of fact in the
application for or negotiation of the franchise;
(5) Conviction of any director, officer, employee,
or agent of the Company of the offense of bribery or fraud
connected with or resulting from the awarding of this franchise to
the Grantee; or
(6) Failure to pay any penalty leveled against the
Grantee.
B. The foregoing shall not constitute a major breach if
the violation occurs without fault of the Grantee or occurs as a
result of circumstances beyond its control. Grantee shall not be
excused by mere economic hardship nor by misfeasance or
malfeasance of its directors, officers, or employees.
C. In order for the City to declare a forfeiture, City
shall make a written demand that the Grantee comply with any such
provision, rule, order, or determination under or pursuant to this
franchise. If the violation by the Grantee continues for a period
of thirty (30) days following such written demand without written
proof that the corrective action has been taken or is being
actively and expeditiously pursued, the City Council may take
under consideration the issue of termination of the franchise.
The City shall cause to be served upon Grantee at least twenty
(20) days prior to the date of such a City Council meeting, a
written notice of intent to request such termination and the time
and place of the meeting. Public notice shall be given of the
meeting and issue which the City Council is to consider.
D. The City Council shall hear and consider the issue,
shall hear any person interested therein, and shall determine, in
its discretion, whether or not any violation by the Grantee has
occurred.
Ordinance - Page 27
jm CH~5-34
E. If the City Council shall determine that the
violation by the Grantee was the fault of Grantee and within its
control, the Council may declare the franchise of the Grantee
forfeited and terminated, or the Council may grant to Grantee a
period for compliance.
SECTION 18: Change of Ownership.
A. Transfers and Assiqnments.
(1) This franchise shall not be assigned or
transferred, either in whole or in part, or leased, sublet, or
mortgaged in any manner, nor shall title thereto, either legal or
equitable or any right, interest or property therein, pass to or
vest in any person without the prior written consent of the
Grantor. Grantee may, however, transfer or assign the franchise
to a parent company or wholly-owned subsidiary of the Grantee and
such parent or subsidiary may transfer or assign the franchise
back to the Grantee without such consent. The proposed assignee
must show financial responsibility as determined by the Grantor
and must agree to comply with all provisions of the franchise.
Grantor shall be deemed to have consented to a proposed transfer
or assignment in the event its refusal to consent is not
communicated in writing to Grantee within sixty (60) days
following receipt of written notice of the proposed transfer or
assignment.
(2) The Grantee shall promptly notify the Grantor of
any actual or proposed change in, or transfer of, or acquisition
by any other party of, control of the Grantee. The word "control"
as used herein is not limited to major stockholders but includes
actual working control in whatever manner exercised. Every
change, transfer, or acquisition of control of the Grantee shall
make the franchise subject to cancellation unless and until the
Grantor shall have consented thereto, which consent will not be
unreasonably withhold.
Ordinance - Page 28
3TM CH#5-34
B. Continuity of Service Mandatory.
(1) It shall be the right of all subscribers to
continue receiving service insofar as their financial and other
obligations to the Grantee are honored. In the event that the
Grantee elects to overbuild, rebuild, modify, or sell the system,
or the Grantor gives notice of intent to revoke or fails to renew
this franchise, the Grantee shall do everything reasonable in its
power to ensure that all subscribers receive continuous,
uninterrupted service. In the event of a change of Grantee, or in
the event a new operator acquires the system the current Grantee
shall cooperate with the Grantor in maintaining continuity of
service to all subscribers, and shall be entitled to the revenues
for any period during which Grantee operates the system.
(2) In the event the Grantee fails to operate the
system for seven (7) consecutive days without prior approval of
the Council or without just cause, the Grantor shall operate the
system until such time as a new operator is selected. If the
Grantor is required to fulfill its obligation for the Grantee, the
Grantee shall reimburse the Grantor for any costs or damages that
are the result of the Grantee's failure to perform.
C. Foreclosure. Upon the foreclosure or other judicial
sale of all or a substantial part of the system, or upon the
termination of any lease covering all or a substantial part of the
equipment comprising the system, the Grantor shall have the right,
at its discretion, to terminate the franchise, which termination
shall be final and binding upon both parties, such option shall be
exercised not later than sixty (60) days following foreclosure,
other judicial sale or termination of such lease, or Grantor shall
be deemed to approve of such successor in interest to Grantee.
D. Receivership. The Grantor shall have the right to
terminate this franchise one hundred twenty (120) days after the
appointment of a receiver, or trustee, to take over and conduct
the business of the Grantee, whether in receivership,
Ordinance - Page 29
jm CH#5-34
reorganization, bankruptcy, or other action or proceeding, unless
such receivership or trusteeship shall have been vacated prior to
the expiration of said one hundred twenty (120) days, or unless:
(1) Within one hundred twenty (120) days after his
election or appointment, such receiver or trustee shall have fully
complied with all the provisions of this franchise and remedied
all defaults thereunder; and
(2) Such receiver or trustee, within said one h~ndred
twenty (120) days, shall have executed an agreement, duly approved
by the court having jurisdiction in the premises, whereby such
receiver or trustee assumes and agrees to be bound by each and
every provision of this franchise.
E. Disposition of Facilities.
(1) Upon expiration or termination of the franchise,
the Grantee, upon request of the Grantor, shall promptly remove
all of its equipment above ground in the public right-of-way.
(2) In removing its equipment, the Grantee shall
refill, at its own expense, any excavation that shall be made by
it and shall leave all public ways and places in as good condition
as that prevailing immediately prior to the Grantee's removal of
its equipment and appliances, without affecting the electric or
telephone cables, wires or attachments. Such restoration of
property shall not be considered completed until the Grantor has
inspected and approved the condition of public ways and places.
The liability nsurance and indemnity as provided under Section 12B
herein shall continue in full force and effect during the period
of removal.
(3) In the event of a failure by the Grantee to
complete any work required by subsection (1) above or any work
required by law or ordinance within the time as may be established
by the Grantor or to the satisfaction of the Grantor, the Grantor
may cause such work to be done and the Grantee shall reimburse the
Grantor the costs thereof with thirty (30) days after receipt of
an itemized list of such costs.
Ordinance - Page 30
jm CH#5-34
SECTION 19: Payment of Litigation Costs. The non-prevailing
party in any litigation shall reimburse to the other all costs
including filing fees, costs of depositions, discovery, and expert
witnesses, all other expenses of suit, and reasonable attorney
fees.
SECTION 20: Penalties. Subject to the requirement of prior
notice as set forth in E below, for violations of this ordinance
occurring without just cause or excusable neglect, Grantor may, at
its discretion, assess penalties as follows:
A. For failure to provide information or reports as
required by terms of the ordinance, fifty dollars ($50.00) per day
for each failure to perform a specific requirement.
B. For failure to test, analyze and report on the
performance of the system following a request pursuant to this
franchise, Grantor shall pay to City fifty dollars ($50.00) per
day for each day, or part thereof, that such noncompliance
continues.
C. For failure to Company to comply with operational or
maintenance standards, Company shall pay to City two hundred
dollars ($200.00) per day for each day, or part thereof, that such
noncompliance continues.
D. No penalty shall be assessed if the violation occurs
without the fault of the Company or occurs as a result of
circumstances beyond its control. Company shall not be excused by
mere economic hardship nor by misfeasance or malfeasance of its
directors, officers, or employees.
E. As a condition precedent to imposition of a penalty,
Grantor shall give Grantee written notice specifying the nature of
Grantee's violation of this ordinance with reasonable
particularity. Notice shall be deemed given when actually
delivered or as of 5:00 p.m. on the fifth day following the date
actually mailed. Grantee shall only be subject to a penalty if
the violation of the ordinance is not cured within ten (10)
Ordinance - Page 31
jm CH#5-34
calendar days after notice is given or in the event the violation
cannot be cured for reasons beyond the control of Grantee within
ten (10) calendar days, it shall be sufficient if Grantee
initiates all reasonable measures to cure the violation within ten
(10) days and continues thereafter with all reasonable dispatch to
cure the violations, provided, in any event the violation must be
cured not later than sixty (60) days after notice is given.
Notice shall be directed to the general manager of the Chubbuck
Group W office, with a copy to: Vice President, General Counsel,
Group W Cable, Inc., 888 Seventh Avenue, New York, New York 10106.
SECTION 21: Remedies Not Exclusive. All remedies and
penalties under this ordinance, including termination of the
franchise, are cumulative, and the recovery or enforcement of one
is not a bar to the recovery of enforcement of any other such
remedy or penalty. The remedies and penalties contained in this
ordinance, including termination of the franchise, are not
exclusive, and the Grantor reserves the right to enforce the penal
provisions of any ordinance or resolution and to avail itself of
any and all remedies available at law or in equity. Failure to
enforce shall not be construed as a waiver of any term, condition
or obligation imposed upon the Grantee pursuant to this ordinance.
A specific waiver of a particular term, condition or obligation
imposed upon the Grantee by or lpursuant to this ordinance shall
not be a waiver of any other subsequent or future breach of the
same or of any other term, condition or obligation itself.
SECTION 22: New Developments. The Grantor upon mutual
agreement with the Grantee, may amend this franchise whenevsr
necessary to enable the Grantee to take advantage of any
developments in the field of transmission of communication signals
which will afford it an opportunity to serve more effectively,
efficiently or economically its customers; provided, however, that
this section shall not be construed to require the Grantor to make
any such amendment.
Ordinance - Page 32
jm CH#5-34
SECTION 23: Severability. If any section, subsection,
sentence, clause or phrase of this ordinance is for any reason
held illegal, invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions hereof. The Grantor hereby
declares that it would have passed this ordinance and each
section, subsection, sentence, clause and phrase hereof
irrespective of the fact that any one' or more sections,
subsections, sentences, clauses or phrases be declared illegal,
invalid or unconstitutional. The invalidity of any portion of
this ordinance shall not abate, reduce or otherwise affect any
other consideration or obligation required by the Grantee.
SECTION 24: Effective Date. The rule requiring an ordinance
to be read on three separate days, one reading of which shall be
in full, is hereby dispensed with, and this Ordinance shall be
effective as of January 1, 1985, upon its approval and publication
as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this
ATTEST:
CITY CLERK
29th .~l~-y-~f January , 198§
Ordinance - Page 33
jm CH#5-34
C~NT TO TRANSFER OF CONTR
THIS CONSENT of the
City of Chubbuck, Idaho County of Bannock
("Grantor"), granted the date set forth under the signature line
below,
WITNESSETH:
WHEREAS, Group W Cable, Inc., a New York corporation
("Group W Cable"), through GWC 66, Inc., a wholly-owned
subsidiary ("Subsidiary"), operates and maintains a cable
television system in Grantor's community pursuant to that certain
franchise, license, permit or other authorization (as amended to
the date hereof, the "Franchise") granted by Grantor and
evidenced by the document(s) listed on Exhibit A hereto (such
cable television system and the Franchise being hereinafter
individually and collectively sometimes referred to as the
"System"); and
WHEREAS, Group W Cable's parent corporation, Westinghouse
Broadcasting and Cable, Inc., an Indiana corporation
("Westinghouse"), desires to sell and otherwise transfer all of
the issued and outstanding shares of the capital stock of
Group W Cable to Century Southwest Cable Televis%on, Inc., a
Delaware corporation; TCI Holdings, Inc., a Colorado corporation;
American Television and Communications Corporation ("ATC"), a
Delaware corporation; and affiliates of, or subsidiaries or
partnerships owned or controlled by, Houston Industries
Incorporated, a Texas corporation, Comcast Corporation, a
Pennsylvania corporation, Daniels & Associates, Inc., a Delaware
corporation, and ATC, as are specifically identified in Exhibit B
~hereto (the fore¢ entities being herein r~.rred to
individually as a "Buyer" and collectively as the "Buyers"), and
thereby transfer control of Group W Cable to the Buyers; and
WHEREAS, Buyers presently intend to cause Group W Cable to
transfer control of Subsidiary and/or assign the System to TCI of
Idaho, Inc., an Idaho Corporation and indirect subsidiary of TCI
Holdings, Inc. (the "Transferee") as soon as practicable after
the closing of the foregoing stock sale (the 'Closing Date"); and
WHEREAS, Grantor is willing to consent to (i) the foregoing
transfer of control of Group W Cable to the Buyers on the Closing
Date and (ii) the transfer of control of Subsidiary and/or
assignment of the System to Transferee after the Closing Date;
NOW, THEREFORE, in consideration of the premises, Grantor
hereby consents to (i) the sale by Westinghouse of all of the
issued and outstanding shares of the capital stock of Group W
Cable, Inc. (and the transfer of control of Group W Cable) to the
Buyers on the Closing Date and (ii) the transfer of control of
Subsidiary and/or assignment of the System to the Transferee
after the Closing Date, provided that the consent in this clause
(ii) shall be subject to the condition that the holder of the
Franchise shall (promptly after the date of such transfer and/or
assignment) execute and deliver to Grantor its acceptance of, and
its agreement and undertaking to perform all of the duties and
obligations under, such Franchise; and Grantor confirms that
Subsidiary is the current holder of the Franchise.
1390B/I
IN WITNESS ~IEREOFo G£antor has executed this consent°
effective the Closing Date referenced above.
l~90B/I
- 3 -
Exhibit A
- Ordinance 9 262
"Cable Television Franchise" dated January 29, 1985
1390B/I
Exhibit B
Future Affiliate, Subsidiary and Partnership Stockholders.
ATC Holdings, InC.o a Delaware corporation, a wholly-owned
subsidiary of ATC.
KBLCO~ Incorporated, a Texas corporation, a wholly-owned
subsidiary of Houston Industries Incorporated.
Comcast'Cablevision of Connecticut.
Comcast Cablevision of Northern Alabama.
Comcast Cablevision of Northern Florida.
Comcast Cablevision of Palm Beach County. '--
Comcast Cablevision of Southern California.
all partnerships of two wholly-owned Comcast Corporation
subsidiaries.
Daniels-Hauser Holdings, a partnership and
Daniels & Associates. Inc.
affiliate of
1390B/I
- 5 -
City of Chubbuck
5'160 Yellowstone Avenue
CHUBBUCK, IDAHO 83202
(208) 237-2400
IRon Conlin city clerk attest
to the fact that the "Consent To
Transfer Control" was executed on F~.
.~ I 1986 by John O. Cotant,
Mayor, and that as such he is duly
authorized to execute the same.
City Clerk